The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.” Since the beginning of the social media era, the First Amendment, which once was simplistic and straightforward, has become world's more complicated and difficult to interpret.
Ever since Snapchat and other means of social media were created, people all over the world have been using their digital powers to document their every move throughout their daily lives, such as what they’re wearing, what they ate for lunch, and, who they voted for in an election. A picture known as a ballot selfie—although not an actual selfie, just a picture of someone’s ballot—has been used as a powerful tool for people to express their voices when it comes to an election. The ballot selfie has been used as an influential way for all people, but especially young and eager millennials, to take a stand regarding politics and to encourage others to do the same. In fact, there have been studies that show that Facebook users are more likely to vote when they see on their newsfeed who of their friends have voted.
A ballot selfie is a huge way to promote voting and democracy as whole, but, in 25 states, taking a picture of your ballot is illegal. Snapchat, a very powerful player in the world of social media, has taken a stand against the illegality of a ballot selfie, claiming that it is a violation of the First Amendment.
Snapchat filed an amicus brief in a New Hampshire court case that questioned the legality of the ballot selfie. Snapchat claimed:
“A ballot selfie—like a campaign button—is a way to express support for or against a cause or a candidate. And because it is tangible proof of how a voter has voted, a ballot selfie is a uniquely powerful form of political expression. It proves that the voter’s stated political convictions are not just idle talk. Not only that, but ballot selfies and other digital expressions of civic engagement encourage others to vote—particularly younger voters who have historically low turnout rates. Ballot selfies are thus all at once deeply personal and virtuously public expressions. And they’re the sort of expressions that the State cannot categorically ban without violating the First Amendment.”
On September 28, Snapchat had a huge win in their pursuit to legalize ballot selfies. All voters in New Hampshire are now free to Snapchat and post on all forms of social media as they please after a federal appeals court ruled that the New Hampshire ban on ballot selfies was unconstitutional.
I think that our Founding Fathers, the ones who wrote the First Amendment and developed the basic values of this country, would be proud of this court decision, and would hope that it sets a precedent for other states to decriminalize the ballot selfie as well. Although so much has changed and developed since our Founding Fathers met in Philadelphia to write the Constitution, the core meaning of the First Amendment stays the same, and will forever be unwavering. It is simple: free speech shall not be abridged.
